The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-04-23
CHEAPER CRIMINAL JUSTICE,

aIr. DIcnnger Calls Attention Of tho Lceis,n.
tureto Some Important Things.
To he Editor Of The IaLelligeno1.
SlR:-AmoDg the different objects and
purposcH Tor which an extra session OF the
Legislature Is called by the Governor is to
pass WHAT'S known as the appropriation
bill. Nothing tina. the extra eession will
have to consider comes 80 near the heart
OF the people as the expenditure Of their
money, The term nicer is often iustly
applied to individuals, seldom csn 1t be
truly said OF governments that they are
misery in the uae OF tho "public monies"
AS rule they are lavish and wsstefnl OF
II; to ascertain and show tho true line as
near as possible between the wholesale
robbery Of the people, under the sanction
Of the law and 3 NARROW s1d utinted policy
should be the aim and effort OF oil public
officials.
The humane institutions and public
buildings Of the State should ever reflect
the honesty, intelligence and thrift OF the
people. Emigration to the State should
be actively invited and encouraged. Pub
lie schools should be ios.e,ed. The youth
need protection against the demands that
avarlCe and lGziness makee upon them.
The laborer does not want idIencas, he
asks only that he may not bs compelled
10 face in muto deapair "tho bow string and
the knott OF oil the exsctions laid on him
by the greed OF men. The State officials
should be compensated so that their time
could be given to the discharge OF public
duties, bringing satisfaction 10 them, in
stead Of entering into CONTRACTS for sas-
tenance, and ever seeking some
istter place from the public. Is
pecially should the judiciary be go
cared Tor, that the most important branch
Of the Government could be conducted BY
men whose minds areiree from the cares OF
business. All this could ba messuresbly
done by curtailing the annual expendi-
lures OF money upon criminals. About
one-lfth OF the State revenue above is ex.
pended in the prosecution Of criminals.
-Four years experience as Prosecuting At
torney Of this, about the third county in
population Of the State, has induced me
to believe that large part OF this expOnse
might bea"ited by compelling the JUS
tcse, Shawl issu,rf q vibrant in felony
IeasC Partieuissly 10 see and consult the
Prosecuting Attorney about it.
The prosecutor is, or should be, tho fair
and impartial law adyiger OF the State and
accused. All law writer's make him such.
The JuGlice could inform the prosecutor
OF the nature Of tho case, who are Wit.
neeees and what they know. The prose-
cutor then who knew what Ygs merely
evidence and What constituted proof upon
a charge OF crime could intellisently in
struc! the magistrate what Witnesses 10
summon ioT the State, and il from their
testimony probable cauae OF guilt could
not be made out, tof the interest OF the
State, as well as the cake Of the accngcd.
tho prosecution should stop. "probsble
Cause" Of guilt ahculd be the criterion 10
guide the iuHtice-seo Wharton's Criminal
Pleadings and Practice, Eighth editiunl
sections 50 oi3. and citing the decision o!
Marshall in Burns trial, WGrth's code,
chapter l66, section l6, makes the best
Sufficient GAUGE" probable cause" IL
the simpler and palmer test. The com
mon law rule wss TO hear only the case OF
the prosecution. 1t Was mere eSumira
ton, not trial. Hencs the apparent res.
son Of the rn!e enunciatod Ivy Blackstone.
That 1t maniteatly appears That either no
such crime was committed or that the sus.
picioI entertained OF the prisoner was
wholly groundiess, then only could he be
lawfully discharged"
What il meant by "Gullicient Causan in
not exactly understood. Comiav bsck 10
the subject, the consultation betSccn tia
Justice and tho prosecutor would reguI,
in many csseH never coming into court,
fewer wltnessea would be summoned be-
fore the justice, sni when an indictment
YES made tho witnesses ConlG be paid for
their attendance before tho grand Jury,
inetead OF waiting around the Court Ilouss
for two and three days without ANYTHING
10 eat or begging Tor a crust and come
place to sleep. There is something rat.i-
ca.ly wrong in any State Government that
will not ld.y Witnesses for their services
before a grand jury, even in felony casea.
Ours does net. There is no more reagon
why the proGocutor and the magistrate
should not consult, than thsn the prose-
Cutor and grand jury should not aid in the
examination OF charges OF crime. Che
latter has been provided Tor and will cave
expenses, why not the other?
The Law, sad CHI. l59 sec. ., pro7iie5
that the justice may postpone an exalai-
nItion not to exceed ten days at a time
with or without the consent of the &C.
cused." While Rwrit WIS being made, or
afterwards the justice would have ample
opportunity 10 confer with the prosecutor
and 1hould be compelled 10 do 60. The
Governor has embraced in his call for
tho apecial gcssioa Of the Legislature this
question Of the heavy expenditures made
ny the stAto in her prosecutions. It is
10 be hoped that soiuo relief .usy he had.
This aubjfct, if given proper thought and
attention, chn bU made worth thousands
Of do!lara 10 tho people Of this State. It
might be well Tor uomo Republican Nom.
Der OF the Legislature to inquire .hy in
Is 1t was Necessary 10 Gtop paying wit
neaEss for their allcndanCG before the
Grand Jury in mislemraRora, and then
in 1852, in felony Cmea. Such WIZ not
the INV before theBc good Democratic times,
a well regulated State ought no. to be 4
beggar. / anould hs rolf supporting and
not compel lts ciLi%sna 20 perform Hervicea
To-.